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§861.1 Adopting Order

Pursuant to the article 17 of the Environmental Conservation Law, after proper study and following public hearings held on due notice, the Department of Environmental Conservation hereby adopts and assigns the following classifications and standards of quality and purity to all surface waters within the designated drainage basin of Lower Esopus Creek within Greene and Ulster Counties as hereinafter described.

§861.2 Definitions and Conditions

The several terms, words or phrases hereinafter mentioned shall be construed as follows:

(a) Item no. In table I of this Part an item number is assigned to each specifically designated waters or portions thereof.

(b) Waters index numberas appearing in table I of this Part shall mean that number or abbreviation which has been assigned to any specifically designated waters or portions thereof for the purpose of identification.

(1) The numbering or index system used to identify specific waters of New York State was adapted from that used by the New York State Conservation Department in its biological survey series of reports on watersheds of the State. The primary waters of a drainage basin, such as rivers or large lakes are usually referred to by name or an abbreviation. Tributaries of primary waters are consecutively numbered progressing upstream from the mouth. Ponds and lakes are numbered consecutively as they are encountered, such numbers being preceded by the letter P. Tributaries of such lakes and ponds are numbered consecutively as they enter, progressing clockwise around the lake or pond from its outlet or mouth. When isolated lakes and ponds are referenced by a waters index number, it is merely for convenience of their identification and location within a subdrainage basin, and it is not necessarily indicative of their being tributary to any waters to which no surface connection is shown on the reference maps.

(2) This system was applied to the basin under consideration by the Conservation Department in its biological survey of the Lower Esopus Creek watershed and has been closely followed in connection with the identification of the waters with the following exceptions: some of the stream numbers do not run consecutively due to the omission of streams originally shown on older maps employed by the Conservation Department at the time of its survey, but not shown on newer maps reproduced herein. Conversely, a few streams not shown on the older maps but appearing on the newer maps are designated by the letters a, b, c, etc.

(3) The system as applied to the identification of waters in the Lower Esopus Creek drainage basin may be illustrated as follows:

Identification of Waters in the Lower Esopus Creek Drainage Basin

Waters Index Number

Name

Explanation

H-171 portion as described

Esopus Creek

171st trib. to enter Hudson River from southwest at Saugerties (Map M-23se).

Source of Trib. 23, located approx. 1.9 miles east of Shady (Map M-23se).

(c) The abbreviations trib., tribs., subtrib. , and subtribs, indicating tributary, tributaries, subtributary, and subtributaries, respectively, shall mean any stream, lake, pond, or other body of surface water which flows into any other stream, lake, pond, or other body of surface water. Where no tributaries or subtributaries are mentioned, the specifically designated waters shall include only the stream, lake, pond, or other body of surface water referenced by such waters index number; where tributaries or subtributaries are mentioned after the waters index number, the specifically designated waters shall include the stream, lake, pond or other body of surface water referenced by such waters index number and all tributaries and subtributaries thereof, which are shown on the reference maps, unless exceptions are expressly stated.

(d) Name as appearing in table I of this Part shall mean the name, if any, by which the specifically designated waters are generally known and which may appear on the reference maps. In cases of specifically designated waters which have no name, the named tributary to which the unnamed waters are tributary is indicated as far as possible.

(e) Description as appearing in table I of this Part shall mean a brief indication as to the location of the specifically designated waters. Entries may include designations of segments or sections of waters to which a particular assignment of a class and standards shall apply. Entries may also include any useful information pertinent to the classification and standards.

(f) Map ref. no. as appearing in the table I of this Part means map reference number and indicates one or more of the following numbered maps reproduced herein completely, or in part, on which the specifically designated waters and their index numbers are shown. It is to be noted that map 2 of this Part, with superimposed tracing in black of streams and other waters and waters index numbers, has been made by using parts of the U.S.G.S. topographical sheets listed below and combining them into one map. The following maps were produced from original maps which may be procured through the Washington Distribution Section, Geological Survey.

Map Ref. No.

Quadrangle Name

Published By

Edition

M-23ne

Kaaterskill

U.S.G.S.

1903

M-23se

Woodstock

U.S.G.S.

1903

M-23sw

Bearsville

U.S.G.S.

1903

M-24sw

Saugerties

U.S.G.S.

1941

N-22

Slide Mountain

U.S.G.S.

1905

N-23nw

Ashokan

U.S.G.S.

1966

N-23ne

Kingston W.

U.S.G.S.

1966

N-23sw

Mohonk Lake

U.S.G.S.

1966

N-23se

Rosendale

U.S.G.S.

1966

N-24nw

Kingston E.

U.S.G.S.

1939

(g) Class as appearing in table I of this Part, and denoted by the letters A, B, C or D opposite each specifically designated waters, shall mean class A, B, C, or D as the case may be, as set forth in Part 701, supra.

(h) Standardsas appearing in table I of this Part, and denoted by the letters A, B, C, or D opposite each specifically designated waters shall mean the standards of quality and purity established for class A, B, C, or D as the case may be, as set forth in Part 701, supra. The symbol (T) appearing after any standard designation shall mean that the designated waters are trout waters and that the dissolved oxygen specification for trout waters shall apply thereto. The symbol (TS) after any standard designation shall mean that the designated waters are suitable for trout spawning and that the dissolved oxygen specification for trout spawning waters shall apply thereto.

(i) The term trout as used in this Part means any fish in the following genera: Coregonus, Oncorhynchus, Prosopium, Salmo, Salvelinus and Thymallus.

(j) The Lower Esopus Creek drainage basin shall be deemed to include the following areas: all land and water areas, the natural surface water drainage from which is directly or indirectly tributary to the Esopus Creek between its confluence with the Hudson River and the Ashokan Reservoir Dam, and the surface waters of the Mink Hollow Brook and all its tributaries above the point where it is diverted from its natural course to Cooper Lake forming part of the water supply of the City of Kingston.

(k) All streams or other bodies of water which appear as lines to indicate natural waters on the reference maps herein, and which are not specifically designated in table I of this Part, shall be assigned the same classes and standards of quality and purity as the specifically designated waters to which they are directly tributary.

(l) All streams or other bodies of water which are not shown on the reference maps herein shall be assigned to class D, as set forth in Part 701, supra, except that any continuous flowing natural stream which is not shown on the reference maps shall have the same classification and assigned standards as the waters to which it is directly tributary.

§861.3 Assigned Classifications and Standards of Quality and Purity

The classifications and standards of quality and purity which are hereby assigned to all fresh surface waters within the Lower Esopus Creek drainage basin are as set forth in table I of this Part.

§861.4 Table I

Table I
Classifications and Standards of Quality and Purity Which Are Assigned to All Fresh Waters Within the Lower Esopus Creek Drainage Basin, Ulster and Greene Counties, New York

Item No.

Waters Index Number

Name

Description

Map Ref. No.

Class

Standards

1

H-171 portion as described

Esopus Creek

From mouth to Cantine Dam in Village of Saugerties.

M-24sw

C

C

2

H-171 portion as described

Esopus Creek

From Cantine Dam in Village of Saugerties to former trib. 21 (Tannery Brook) in City of Kingston.

M-24sw, N-24nw, N-23ne

B

B

3

H-171 portion as described

Esopus Creek

From former trib. 21 (Tannery Brook) in City of Kingston to trib. 41, which enters from north approximately 0.7 mile east of Ashokan Dam.

N-23ne,nw

B

B(T)

4

H-171 portion as described

Esopus Creek

From trib. 41 to Ashokan Dam.

N-23nw

B

B

5

H-171-2, 3 and tribs., 4, 6 and tribs.

Tribs. of Esopus Creek

Enter Esopus Creek between 1.4 miles upstream from mouth and 1.7 miles southwest of Glasco.

M-24sw

C

C

5.1

H-171-5, 7

Tribs. of Esopus Creek

M-24sw

D

D

6

H-171-9

Platte Kill

Enters Esopus Creek from south 1.1 miles south of Mt. Marion.

M-24sw, N-24nw

C

C

7

H-171-9-1 and trib., 2, 3

Tribs. of Platte Kill

Enter Platte Kill from south, east and southwest between 1.0 mile upstream from mouth and 0.4 mile downstream from P 832 (Lake Katrine).

M-24sw, N-2-4nw

C

C

8

H-171-P 832

Lake Katrine

Located on Platte Kill 2.0 miles upstream from mouth.

N-24nw

C

C

9

H-171-10 and trib.

Trib. of Esopus Creek

Enters Esopus Creek from north 1.2 miles east of Ruby Post Office.

M-24sw

C

C

10

H-171-11 portion as described

Plattekill Creek

Enters Esopus Creek from west 1.0 mile east of Ruby Post Office. From mouth to trib. 5, which enters from northeast 0.3 mile west of Mt. Marion.